I'd recommend you retain a lawyer and plead not guilty. You are presumed innocent until proven guilty. The prosecutor must prove any allegations beyond a reasonable doubt. You have a right to council. OUI's carry significant license sanctions that go beyond just jail time and probation. Ultimately, whether the prosecutor would have the proofs at trial is a matter for a judge or jury. While a majority of cases end up being resolved through the plea-bargaining process, Never plead guilty to anything unless you fully understand all the risks. Most attorneys provide free initial consultations. It is certainly worth a few phone calls. I would advise you to retain a lawyer or request that the court appoint you a lawyer at the public's expense.

Answer Applies to: Michigan
Replied: 11/4/2011

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The police arrested you, and you were subsequently charged with DWI because you were arguably in "physical control" of the vehicle. You do not need to be operating a motor vehicle to be charged with DWI. The engine can be stopped and no keys can be in the ignition but if you have the ability to waken and then start the engine, the State will argue that you had physical control of the vehicle and thus move forward with criminal charges.

Answer Applies to: Minnesota
Replied: 11/2/2011

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They can charge you with DUI, but in California there must be volitional movement of the vehicle for a conviction.

Answer Applies to: California
Replied: 10/27/2011

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One does not have to be actually moving the vehicle to be "driving" for purposes of DUI. Where were you seated in the vehicle? Was the engine running? Was the car in gear? Once all of the facts are determined, then the lawyer can determine if "driving" is an issue. This is an issue for both the court case and the DMV. The next step is to contact an attorney for a consultation. Time is of the essence regarding the scheduling of a DMV hearing in order to litigate the driving issue and possibly other issues that the attorney can advise you of during the consultation.

Answer Applies to: California
Replied: 10/27/2011

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Yes, you can get a DUI if the prosecutor can prove that you drove the car while you were under the influence of alcohol. You will need an attorney to assist you with defending these charges.

Answer Applies to: California
Replied: 10/26/2011

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These can be tough cases but can possibly be resolved without a DUI charge if handled correctly. Only speak with an attorney regarding this.

Answer Applies to: California
Replied: 10/26/2011

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This scenario is not uncommon. Even though it is technically a DUI if the keys are in the ignition, these cases are clearly very defensible especially if you can show that the keys were only in the ignition to activate the windows, heater, etc. Definitely plead not guilty and get a good attorney to pursue your defense. The circumstances may at least be enough to get you a very favorable deal.

Answer Applies to: California
Replied: 10/26/2011

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You'll need an attorney, both for court and at the DMV. Without an attorney, both the prosecutor and the DMV (who will prosecute you separately) will simply laugh at your "no-drive" defense, which needs to be presented competently by a DUI specialist. Remember you have only 10 days to contact the DMV or you will lose your license by default.

Answer Applies to: California
Replied: 10/26/2011

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Certainly, you can get charged with a DUI if you're found pulled off the road, drunk and asleep - especially if your ignition was on, your engine was warm or there were other factors constituting circumstantial evidence of recent driving. But without one or more of those additional circumstantial factors, it would be difficult for the prosecution to convict you at a jury trial (even if those factors were present). I was just involved in a case like this and the defendant/driver prevailed. The offense was reduced to violation of a municipal ordinance that prohibits sleeping overnight in cars and the DUI charges were dismissed. As a matter of first impression, this sounds like a very defensible case. It sounds like you did exactly the right thing you should pull off the road and stop driving if you feel you may be getting to drunk to drive.

Answer Applies to: California
Replied: 10/26/2011

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This is a good case to fight. Yes, the DA can charge you with just about anything they want to. The real question is, 'can they prove it?'. Can they prove to a jury that you were driving that vehicle while you were intoxicated beyond the legal limit? Probably not. So talk to some attorneys and find someone who you trust to take this case to trial. Don't just go with the cheapest guy or the guy with the most cases. Talk to a couple of attorneys and find someone whose opinion you trust and who has enough experience to handle your case in the way you want it done.

Answer Applies to: California
Replied: 10/26/2011

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Your next step is to hire an experienced DUI attorney to fully and properly evaluate all the facts and circumstances of your case. In general, what ever defense(s) you may have to your DUI case or whatever the best result for you case may be, it will only be accomplished with an experienced DUI attorney. Also, you should be aware that you only have 10 days from the date of your arrest to request your DMV hearing and prevent your license from automatically being suspended.

Answer Applies to: California
Replied: 10/26/2011

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Have legal representation and request a DMV hearing. Have the attorney conduct a thorough investigation, including appropriate cross-examination of the officer in anticipation of Motion to Suppress Evidence. Do not try to do this alone, as it may not turn out well. If you were sleeping, and the car did not move (at any point), than you have a good case for getting the case dismissed. But it wont happen without a fight. Vehicle Code section 23152 requires actual, volitional movement of the vehicle. It does NOT matter whether the keys were in the ignition and the car was one, if there was no actual movement.

Answer Applies to: California
Replied: 10/26/2011

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The is much case law on the subject of control vs. driving, and the answer is very fact specific, including statements made to the cops. Because this is possible extreme punishment for being so responsible it would be wise to consult a local DUI attorney to explore your defenses.

Answer Applies to: California
Replied: 10/26/2011

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Yes. To be convicted of DUI there must be driving however the driving can be proved by circumstantial evidence. For example if you were drinking at a bar and you drove half way home and parked, the prosecutor can prove the driving element by introducing evidence of where you were when you were drinking and where you were when you were found.

Answer Applies to: California
Replied: 10/26/2011

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If you are found intoxicated in your car with the keys in the ignition the police may assume that you drove to the place you were parked in the same condition. If you get a good lawyer he may work with the facts to prove that you were not drunk at the time you drove and only became so after you parked. This defense requires testing and experts. So it will run you some money. Consult with an attorney and see what can be done for you.

Answer Applies to: California
Replied: 10/26/2011

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The short answer is yes, you can be charged with a DUI. However, the prosecution will have a hard time proving at what time you were driving in order to prove that you were .08 BAC or above "at the time of driving." This is definitely a case that you should consider fighting.

Answer Applies to: California
Replied: 10/26/2011

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Yes, you could be cited for a DUI while sleeping in your vehicle with the keys in the ignition. However, your defense (that you did not actually drive while intoxicates) can help you. However, the DA may want to fight this case as hard as possible.

Answer Applies to: California
Replied: 10/26/2011

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